Mark Olthoff

Mark Olthoff

Polsinelli

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Pair of Missouri Supreme Court Cases Potentially Expand Liability for Lenders, Servicers, Debt Buyers and Debt Collectors

Last week the Missouri Supreme Court released two decisions on the same day that expanded Missouri's Merchandising Practices Act (MMPA) with regard to the origination and servicing of real estate mortgage loans. The effect of...more

9/4/2014 - Debt Buyers Debt Collection Debt Collectors Lenders Mortgage Servicers Mortgages

Protecting Your Organization From Fraudulent Investments: Red Flags Of Fraud And Due Diligence

The Great Recession flushed out many Ponzi schemes and other fraudulent investment vehicles, bringing to light their prevalence and devastating effects. As the economy begins to rebound, new investment mechanisms and other...more

1/8/2014 - Corporate Counsel Due Diligence Fraud White Collar Crimes

A Tale Of Two States: Access To Attorney-Client Privilege Materials In Intra-Corporate Disputes Involving Close Corporations

Most people communicating with their lawyer rightfully believe their discussions are privileged and cannot be disclosed to others without permission. However, when litigation ensues, because the attorney-client privilege...more

11/11/2013 - Attorney-Client Privilege Confidential Communications Conflicts of Interest Corporate Counsel Fiduciary Duty Privilege Waivers

Class Action Plaintiffs Can't Avoid Federal Court By Stipulating To Damage Limits

A unanimous Supreme Court has made clear that the Class Action Fairness Act (CAFA) cannot be undermined by a plaintiff's attempt to seek damages of less than the jurisdictional amount. The Court resolved a Circuit split and...more

4/4/2013 - CAFA Class Action Class Certification Damages Jurisdiction SCOTUS

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